1996 No. 659
LOCAL GOVERNMENT, ENGLAND AND WALES
The York and North Yorkshire (Coroners) Order 1996
7th March 1996
Laid before Parliament
11th March 1996
Coming into force
1st April 1996
The Secretary of State in exercise of the powers conferred on him by sections 17 and 26 of the Local Government Act 1992(1) hereby makes the following Order:
1.—(1) This Order may be cited as the York and North Yorkshire (Coroners) Order 1996.
(2) In this Order “the 1988 Act” means the Coroners Act 1988.(2)
2. Without prejudice to any order made under section 4(2) of the 1988 Act after the coming into force of this Order, on 1st April 1996—
(a)there shall be added to the Claro Coroner’s District of the County of North Yorkshire the following parishes of the District of Selby, namely, Barlby, Cliffe, Escrick, Hemingbrough, Kelfield, North Duffield, Riccall, Skipwith, Stillingfleet and Thorganby; and
(b)there shall be added to the Scarborough and Ryedale Coroner’s District of that County the following parishes of—
(i)the District of Hambleton, namely, Aldwark, Alne, Brafferton, Brandsby cum Stearsby, Crayke, Dalby cum Skewsby, Easingwold, Farlington, Flawith, Helperby, Huby, Linton on Ouse, Marton cum Moxby, Myton on Swale, Newton on Ouse, Overton, Raskelf, Shipton by Beningbrough, Stillington, Sutton on Forest, Tholthorpe, Thormanby, Tollerton, Whenby and Youlton; and
(ii)the District of Ryedale, namely, Barton le Willows, Buttercrambe with Bossall, Claxton, Crambe, Flaxton, Foston, Gate Helmsley, Harton, Lillings Ambo, Sand Hutton, Sheriff Hutton with Cornbrough, Stittenham, Thornton le Clay, Upper Helmsley and Warthill.
3.—(1) The person who, at 31st March 1996, is the coroner for the existing York Coroner’s District of the County of North Yorkshire by virtue of having been appointed for or assigned to that district shall be deemed on 1st April 1996 to be appointed coroner for the County of York (which comes into existence on 1st April 1996 by virtue of the North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995).(3)
(2) Any agreement between the person to whom paragraph (1) applies and North Yorkshire County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1996) as to his salary and pension as a coroner shall be deemed on and after 1st April 1996 to have effect as if originally made between him and York District Council.
(3) Any person who, at 31st March 1996, is a deputy or assistant deputy coroner for the existing York Coroner’s District shall be deemed on 1st April 1996 to be appointed deputy or, as the case may be, assistant deputy coroner for the County of York.
4.—(1) On 1st April 1996, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the existing York Coroner’s District of the County of North Yorkshire shall be deemed to have been issued, made, given, begun or done by or to the coroner for the County of York.
(2) All documents, exhibits, registers and other things in the custody of the coroner appointed for or assigned to the existing York Coroner’s District of the County of North Yorkshire in connection with inquests or post-mortem examinations shall be transferred to the coroner for the County of York.
(3) In this article “coroner” includes any deputy coroner or assistant deputy coroner.
Parliamentary Under Secretary of State
7th March 1996
(This note is not part of the Order)
This Order makes provision about coroners in consequence of provisions of the North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 which come into force on 1st April 1996. The effect of those provisions is described below.
Article 3 of that Order creates a new District of York which, by virtue of article 5(1) of that Order, ceases to be part of the County of North Yorkshire. Under article 4(1) of that Order, the new District becomes a county; under article 10, the functions of North Yorkshire County Council in relation to the new District are transferred to the Council of the District of York.
To the extent that the new District of York ceases to be part of the County of North Yorkshire, orders under section 4(2) of the Coroners Act 1988 by North Yorkshire County Council cease to apply to the area of the new District. By virtue of the fact that the area becomes a county and the Council of the new District assumes the functions of a County Council, coroners fall to be appointed for that area by the Council of the new District. Article 3 of this Order deems the coroner for the existing York Coroner’s District to have been appointed for the new District.
Article 2 of this Order makes provision in respect of those parts of the existing York Coroner’s District which are not included within the area of the new county. Article 2 assigns some of those parts to the Claro Coroner’s District and the remainder to the Scarborough and Ryedale Coroner’s District of that County.
Article 4 makes transitional arrangements to ensure continuity.
1992 c. 19.
1988 c. 13.